Bolman v. Lohman
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 24th of July, 1883, by Mrs. Augusta Lohman, as the complainant described herself, though she was then the wife of Peter Kraft, against Mrs. Louisa Bolman; and sought the foreclosure of a mortgage on a certain lot in Mobile.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 24th of July, 1883, by Mrs. Augusta Lohman, as the complainant described herself, though she was then the wife of Peter Kraft, against Mrs. Louisa Bolman; and sought the foreclosure of a mortgage on a certain lot in Mobile. The mortgage, a copy of which was made an exhibit to the bill, was dated December 1st, 1881, and was duly acknowledged before a notary public on the day of its date. Its material parts are copied in the opinion of the court. The property conveyed…
1Opinion of the Court
STONE, O. J.
We have carefully examined the testimony, and are not convinced the chancellen’ erred in holding it insufficient to reform the mortgage, or to make it speak other than what its language imports. Mr. Overall, the draughtsman, is very positive and explicit in his testimony, and says he wrote the mortgage as he was requested to write it. This testimony, *66aided by the writing itself, is not overcome by the opposing testimony. We would, if the inquiry was before us as an original one, find on this issue as the chancellor did. The case must, then, be decided on the title-papers…
2Cases cited7 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Flinn v. DavisSupreme Court of Alabama · 1850
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Bass v. Gilliland's heirsSupreme Court of Alabama · 1843
- Weathers v. PattersonSupreme Court of Alabama · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Jemison v. BrasherSupreme Court of Alabama · 1919
- Powell v. PearsonSupreme Court of Alabama · 1929
12 more not listed; retrieve them via the Exa API.